Compelling Reasons

Article 213 of the Family Code provides that "in case of separation of the parents, parental authority shall be exercised by the parent designated by the court. The court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit. No child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise."

As an exception to the second paragraph of said provision, various jurisprudence provide the following as compelling reasons to remove a mother's custody over a child below 7 years of age: immorality, neglect and abandonment, drug addiction and non-employment (Cervantes v. Fajardo, 169 SCRA 575; Medina v. Macabili, 27 SCRA 502). In addition, habitual drunkenness, maltreatment of the child, insanity and being sick with a communicable disease may also be taken into consideration (Perez v. CA, 255 SCRA 661).

But the paramount question to be considered by the courts is what is best for the happiness and welfare of the child (Espiritu v. CA, 242 SCRA 363). In Finlay v. Finlay (1925) the court acts to do what is best for the interest of the child and put itself in a position of a "wise," affectionate, and careful parent.

In Peo. ex rel Meredith v. Meredith, a 1947 case, this same rule was equally applied to an illegitimate child. (Pineda, E.L., Family Code of the Philippines Annotated: EO 209, 1999 ed.)

Respect and Reverence to Parents

As I was doing our class reviewer in the subject Persons and Family Relations, I came across Article 211 of the Family Code which provides - the father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary. Children shall always observe respect and reverence toward their parents and are obliged to obey them as long as the children are under parental authority.

The annotation in the book of Ernesto L. Pineda provides that this particular provision was inspired by no less than the divine commandments in Exodus 20:12, Colossians 3:20; Epehsians 6:22 which provides -

Honor your father and your mother, that your days may be long in the land which the Lord your God gives you.

Moreover, any minor guilty of disrespect and disobedience to his parents renders himself criminally liable upon a signed complaint of the latter. (Act No. 4002 which "is an act to punish minors for disrespect and disobedience to their parents, guardian or persons having charge of them.")

Sad to state, this statute is more or less stuck on paper, for I have never heard of a child being held criminally liable for disrespect of parents.

But on the other hand, if this law is actively implemented I guess we're all going to prison since I believe all of us are in one way or another guilty of disrespecting our own parents. ;)